Legal Question in Business Law in Washington

Photo Release

Background: I own a veil business which issues publications and maintains a web site. I like to include photos of the brides in my veils on the web site and in my publications. I do ensure that every person in these photos has signed a photo release form. Question/s: Do I also need to have express written permission from the photographer/s? Haven't the brides already paid for their photography services and are free to do as they wish with the photos? What if the photographer issues the bride a copywrite notice? Are they within thier legal rights in doing this?


Asked on 1/07/04, 5:55 pm

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: Photo Release

I do not practice intellectual property law, but I can tell you that you probably need permission from the photographer to post any of the photographer's photos. While the bride can post the photos on the internet (because she has a license for personal use), she could not grant you permission to use another person's copyright. This assumes that the photograper has a copyright of the photo, of course.

However, if the bride gives you a photo and does not disclose the source, you likely can post the photos until the photographer notifies you that the image is copyrighted. Once you are on notice, you cannot continue to post the photo in violation of the photographer's copyright.

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Answered on 1/07/04, 6:12 pm


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